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Included in Choice's Top 75 Titles and Resources for Community College Libraries Faculty, students, and colleagues come to you with copyright questions, both simple and complex. And they all want reliable answers—as fast as you can get them. With this guide, designed for ready access, you'll be prepared to deliver. Lawyer, copyright librarian, and iSchool instructor Benson presents succinct explanations ideal for both on-the-fly reference and staff training. Copyright specialists will appreciate excerpts from the law itself alongside tools and resources for digging deeper. Practical discussions of key legal concepts, illustrated using 52 scenarios, will lead you to fast, accurate answers on a range of topics, such as barriers to using the TEACH Act provisions in content for online teaching; showing a full-length movie in a university class; public domain and the 1998 Sonny Bono Copyright Term Extension Act; your legal options when receiving a DMCA take-down notice; court interpretations of fair use in three key recent cases; Creative Commons licenses, complete with a quick reference chart; library rights to license photographs in a digital collection; using letters under copyright in a special collections display case; a grad student's right to use in a thesis writing published in their professor's journal article; applying the implied license option to post historical student dissertations in institutional repositories; the Marrakesh Treaty provision supporting transfer of accessible works internationally; and limiting factors for interlibrary loan.

Everything a writer needs to know about the law. This accessible, reader-friendly handbook will be an invaluable resource for authors, agents, and editors in navigating the legal landscape of the contemporary publishing industry. Drawing on a wealth of experience in legal scholarship and publishing, Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, or academic). Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. Although the book focuses on American law, it highlights key areas where laws in other countries differ from those in the United States. Law and Authors will prepare every writer for the inevitable and the unexpected.

This is the first book to offer an in-depth investigation of the unsettled nature, scope and dynamics of copyright user rights in an increasingly dematerialized environment. Combining a detailed theoretical framework with practical applications, the book provides a comprehensive perspective on copyright user rights, exploring the nature of commercial copies of copyright works, of exceptions to copyright infringement, and how they are shaped to a large extent by traditional concepts of private law (e.g. property, goods, services, sales, and licences). Using property and contract law and theory, it addresses the competing interests of copyright holders and users in the same object, and points out the double standards in how the rights of copyright holders and copyright users are dealt with. It argues that the property component of user rights has been largely neglected and needs to be brought to the fore, to give the protection that users deserve, without neglecting the rights users should have as they increasingly experience copyright works through services. With the onset of an increasingly digital age, it emphasises how traditional concepts of private law need to adapt for adequately dealing with the dematerialization of copies of copyright works and user rights. It proposes a clearer view on the justification and nature of user rights, with possible gradations of powers for users, and suggests how courts and legislatures may address contract terms that weaken user rights. This book provides vital tools for law- and policy-makers worldwide who seek to achieve the proper balance between the competing rights and interests of copyright holders, copyright users, and the public domain.

Copyright law, as conventionally understood, serves the public interest by regulating the production and dissemination of works of authorship, though it recognizes that the requirements of the public interest are in tension. Incentives for creation must be provided, but protections granted authors must not prevent the fruits of creativity and knowledge from spreading. Copyright law, therefore, should balance the needs of creators and users—or so the theory goes.Challenging this widely accepted view, What's Wrong with Copying? disentangles copyright theory from its focus on the economic value of an authored work as a commodity or piece of property. In his analysis of copyright doctrine, Abraham Drassinower frames an author's work as a communicative act and asserts that copyright infringement is best understood as an unauthorized appropriation of another person's speech. According to this interpretation, copyright doctrine does not guarantee an author's absolute rights over a work but only such rights as are consistent with both the nature of the work as speech and with the structure of the dialogue in which it participates. The rights protecting works of authorship are confined to communicative uses of the work and to uses consistent with the communicative rights of others—for example, unauthorized reproduction of a work is lawful when responding to the work requires its reproduction.What's Wrong with Copying? offers a new way to interpret and criticize existing copyright law and to think about the relation between copyright and digital technology as well as broader juridical, social, and cultural concerns.

Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use —copyright and related rights —have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain —that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information —is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age. The free PDF edition of this title was made possible by generous funding received from the European Union (eContentplus framework project ECP-2006-PSI-610001).

The evolution of activism against the expansion of copyright in the digital domain, with case studies of resistance including eBook and iTunes hacks.The movement against restrictive digital copyright protection arose largely in response to the excesses of the Digital Millennium Copyright Act (DMCA) of 1998. In The Digital Rights Movement, Hector Postigo shows that what began as an assertion of consumer rights to digital content has become something broader: a movement concerned not just with consumers and gadgets but with cultural ownership. Increasingly stringent laws and technological measures are more than incoveniences; they lock up access to our “cultural commons.”Postigo describes the legislative history of the DMCA and how policy “blind spots” produced a law at odds with existing and emerging consumer practices. Yet the DMCA established a political and legal rationale brought to bear on digital media, the Internet, and other new technologies. Drawing on social movement theory and science and technology studies, Postigo presents case studies of resistance to increased control over digital media, describing a host of tactics that range from hacking to lobbying.Postigo discusses the movement's new, user-centered conception of “fair use” that seeks to legitimize noncommercial personal and creative uses such as copying legitimately purchased content and remixing music and video tracks. He introduces the concept of technological resistance—when hackers and users design and deploy technologies that allows access to digital content despite technological protection mechanisms—as the flip side to the technological enforcement represented by digital copy protection and a crucial tactic for the movement.

In this collection of essays, leading academics, critics, and artists historicize collage and appropriation tactics that cut across diverse media and genres. They take up issues of appropriation in the popular and the avant-garde, in altered billboards and the work of the renowned painter Chris Ofili, in hip-hop and the compositions of Béla Bartók and Zoltán Kodály, and in audio mash-ups, remixed news broadcasts, pranks, culture jamming, and numerous other cultural forms. The borrowing practices that they consider often run afoul of intellectual property regimes, and many of the contributors address the effects of copyright and trademark law on creativity. Among the contributors are the novelist and essayist Jonathan Lethem, the poet and cultural critic Joshua Clover, the filmmaker Craig Baldwin, the hip-hop historian Jeff Chang, the'zine-maker and sound collage artist Lloyd Dunn, and Negativland, the infamous collective that was sued in 1991 for sampling U2 in a satirical sound collage. Cutting Across Media is both a serious examination of collage and appropriation practices and a celebration of their transformative political and cultural possibilities.Contributors. Craig Baldwin, David Banash, Marcus Boon, Jeff Chang, Joshua Clover, Lorraine Morales Cox, Lloyd Dunn, Philo T. Farnsworth, Pierre Joris, Douglas Kahn, Rudolf Kuenzli, Rob Latham, Jonathan Lethem, Carrie McLaren, Kembrew McLeod, Negativland, Davis Schneiderman, David Tetzlaff, Gábor Vályi, Warner Special Products, Eva Hemmungs Wirtén

In an age of digital technology and renewed anxiety about media piracy, Inherent Vice revisits the recent analog past with an eye-opening exploration of the aesthetic and legal innovations of home video. Analog videotape was introduced to consumers as a blank format, essentially as a bootleg technology, for recording television without permission. The studios initially resisted VCRs and began legal action to oppose their marketing. In turn, U.S. courts controversially reinterpreted copyright law to protect users'right to record, while content owners eventually developed ways to exploit the video market. Lucas Hilderbrand shows how videotape and fair use offer essential lessons relevant to contemporary progressive media policy.Videotape not only radically changed how audiences accessed the content they wanted and loved but also altered how they watched it. Hilderbrand develops an aesthetic theory of analog video, an “aesthetics of access” most boldly embodied by bootleg videos. He contends that the medium specificity of videotape becomes most apparent through repeated duplication, wear, and technical failure; video's visible and audible degeneration signals its uses for legal transgressions and illicit pleasures. Bringing formal and cultural analysis into dialogue with industrial history and case law, Hilderbrand examines four decades of often overlooked histories of video recording, including the first network news archive, the underground circulation of Superstar: The Karen Carpenter Story, a feminist tape-sharing network, and the phenomenally popular website YouTube. This book reveals the creative uses of videotape that have made essential content more accessible and expanded our understanding of copyright law. It is a politically provocative, unabashedly nostalgic ode to analog.